In NEC conflict of Interest case: LACC proceeding wrongly?

Despite the Chairperson of the National Elections Commission (NEC) Madam Davidetta Browne Lansanah’s recent challenge to claim of admissions of guilt for corruption as announced by the Liberia Anti-Corruption Commission, the anti-graft institution has dragged the NEC boss to court in what critics think the LACC is proceeding wrongly.

The Criminal Court C in Monrovia has reportedly issued an arrest warrant for Madam Davidetta Browne Lansanah, five days after the NEC Chair challenged the LACC’s claim of guilt in a press statement.

The Liberia Anti-Corruption Commission thru its Executive Chairperson Cllr. Edwin Kla Martin on Wednesday, December 15, 2021, indicted Madam Browne Lansanah for alleged conflict of interest and corruption. 

Report had it in November 2021 that the NEC under the supervision of Chairperson Davidetta Browne Lansanah during the November 16, 2021 by-elections in four counties, rented thermometers from a company called Tuma Enterprises Inc., allegedly owned by her brother for over US$180,000 outside of government procurement regulations.

According to the LACC, she was found to be in breach of Section 1.3.6. of the National Code of Conduct for public officials prohibits conflict of interest; Part II, Section 2.2 of the LACC Act and Section 15.3 of Liberia’s Money Laundering Act of 2012, respectively.

The LACC also claims during interrogation, Madam Browne Lansanah admitted to guilt of the act but the NEC Boss denies it.

“Knowing full well her vested interest (relationship) in the Tuma Enterprise Inc, and having failed to make full disclosure to her fellow Commissioners or to the Procurement Committee, is liable of the following counts: Section 1.3.6 (Conflict of Interest) of the National Code of Conduct for all public officials and employees of the government; and Part II, Section 2.2 of the Act establishing the LACC that describes insider trading as an act of corruption,” said  Cllr. Martin, adding  “And violation of section 15.3 for money laundering under section 15.2 of the Money laundering Act of 2012 which provides insider trading and market manipulations.”

This followed a Daily Observer’s report that the NEC leased 20 facial recognition thermometers at the total cost of US$182,320 from Tuma Enterprise Incorporated that is owned and operated by the brothers of Madam Browne Lansanah’s.

But in a response dated December 19, 2021, the NEC Boss said claims by the head of the Liberia Anti-Corruption Commission Cllr. Edwin Kla Martin in a press conference that she made certain admissions of guilt during the NEC appearance before the LACC is false and misleading. 

Madam Davidetta Browne Lansanah: “We appeared before the LACC with our legal counsels, submitted the requested documents along with written statements; at no time during the interviews did any of us ever make any admission of guilt as falsely stated during the LACC’s December 15^th press conference.”

In what she termed as a general response issued late Sunday, December 19, 2021, exactly four days after the LACC announced the indictment she argued that an agency with investigative and/or prosecutorial powers such as the Liberian Anti-Corruption Commission is obligated not to make, condone, or cause to be made public, statement the agency knows or should reasonably know has the likelihood of prejudicing a criminal matter or heightening public condemnation of the target of an investigation.  

“Fellow Liberians, on November 19, 2021, the LACC served us with letters of invitation to appear for investigation. Before the ink could dry on the letter of invitation, the LACC sent it to local media, and its Chairman later that day appeared on the Voice of America international broadcast to tell the World the LACC had placed us under criminal investigation.” 

The NEC boss noted that on the advice of her lawyers and out of respect for the LACC as another institution of government, the Commission had remained silent even in the face of weekly prejudicial leaks by the LACC to certain local dailies claiming it had found criminal wrongdoing but was receiving political pressure concerning the investigation, saying “Never before has such calculative and coordinated leaks been seen in the LACC’s investigative history.

“Following its investigation, the LACC through its Chairman held a press conference on December 15, 2021, in which he told the public the LACC had completed its investigation and then read out an outcome claiming we had made certain admissions of guilt during our appearance before the LACC. This is false and misleading.”

But she revealed that up to the time of the press statement containing NEC’s general response, the LACC had not served the Commission with its report, so it cannot provide a detailed response to allegations contained in the LACC’s findings. “Moreover, because the LACC has not served its report on us, we on December 17, 2021, wrote the LACC requesting the report since it had already released the report to the public.”

“As we await the LACC’s report to provide a detailed response, we note that the Liberian Constitution instructs that an announcement to pursue an indictment should not raise inference of guilt, as all accused persons are presumed innocent until proven guilty beyond a reasonable doubt in a court of law”, Chairperson Brown Lansanah reminded the LACC.

Critics say it is incomprehensible that the LACC, without serving the accused outcome of its investigation, would proceed to court, leading to an arrest order by the Criminal Court C at the Temple of Justice. https://thenewdawnliberia.com/nec-challenges-lacc/Story by Jonathan Browne